The Visual Arts Group, LLC

Media in Motion 

www.thevisualartsgroup.com

January 8, 2015

VIA FDMS AND OVERNIGHT COURIER

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

As President of The Visual Arts Group, LLC, I am writing regarding the FAA Modernization and 

Reform Act of 2012 (the “Reform Act” 112 P.L. 95) and the procedures contained in 14

C.F.R.11,to request that The Visual Arts Group, LLC, (hereafter referred to as VAG) an owner

and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(“FARs”) listed below so that VAG may operate its small unmanned aircraft / lightweight 

unmanned aircraft systems (“UAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”). 

VAG is a Georgia based video and film production company with a 30 year history. Formed in 

1985, VAG is an award winning Production Company that produces TV commercials, 

documentary’s and Industrial Programs. VAG is currently testing and has developed operational 

procedures for small, unmanned aircraft and lightweight UASs designed specifically to carry still 

photography and video cameras. VAG plans on operating several sizes of UASs. Each UAS

offered will have a payload limit, thereby allowing VAG to provide an aerial camera platform 

suitable to the weight requirement of the camera system being used. The maximum payload 

limit VAG requires is 50lbs. The camera systems will range from the GoPro to the Arri Alexa. 

VAG would equip each of its small unmanned aircraft for aerial still photography and 

videography, primarily for use in the motion picture industry, though given their stability and 

maneuverability; they may be used for other industrial and agricultural applications. Additional 

uses may be for law enforcement and emergency first responders. VAG’s UASs are the most 

advanced remote control aircraft being used for these purposes and they are already highly 

regarded by noteworthy experts in the field of unmanned rotorcraft, as well as experts in the film 

and video industry..
U.S. Dep’t of Transp.

June 16, 2014

Page 2 of 9

The Visual Arts Group was founded in 1985 by U.S. Air force veteran Wm. Upchurch for the 

purpose of producing and providing production services for a variety of film and video projects. 

Clients include the US Army, UPS, Coca-Cola, The Olympics, and a host of other fortune 500 

companies. An example of a VAG video project where a UAS would have been very beneficial 

was the Linebacker training film for the U.S. Army. VAG (independent Contractor) was 

contracted to film Bradley Fighting vehicles equipped with Stinger Missiles at the White Sands 

Missile Range adjacent to Ft Bliss located in El Paso, Texas. An overhead view would have 

added significant clarity to the ground based operations. 

Based in Atlanta, Georgia, VAG requests permission to fly its UASs commercially in the United 

States for the purpose of recording aerial cinematography, conduct research on UAS safety 

protocols and to develop an enhanced platform for first responder use. VAG’s principal UAS 

pilot holds a FAA pilots license. 

To date, VAG has rejected all offers to provide UAS aerial camera platforms.

VAG does not intend to offer commercial UAS services until it is in compliance with any 

applicable FARs. It has done so despite Judge Patrick G. Geraghty’s decision in the Raphael 

Pirker matter and his reasoning that no FARs prohibits the use of small unmanned aircraft or 

lightweight UASs like those flown by VAG. 

VAG’s exemption request would permit its operation of lightweight, unmanned (piloted by 

remote control) and comparatively Inexpensive UASs in tightly controlled and limited airspace. 

Predetermined, specifically marked areas of operation, cordoned off locations and 

corresponding enhancements to current safety controls will allow VAG to operate within current 

safety parameters while developing new ones. 

Currently, similar lightweight, remote controlled UASs are legally operated 

by amateurs with no flight experience, safety plan or controls in place to prevent an accident. It 

is only logical to allow VAG’s experienced remote control pilots, technicians and safety crew to 

operate similar lightweight UASs. This will act to further safety protocols specific to lightweight 

UASs as VAG researches flight data and other information gained through permitted flight 

operations. Granting VAG’s request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities to not only integrate UASs into the national airspace system, but 

to “...establish requirements for the safe operation of such aircraft systems [UASs] in the 

national airspace system” under Section 333(c) of the Reform Act. Further, VAG will conduct its 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA.
U.S. Dep’t of Transp.

Jan. 7, 2015

Page 3 of 9

For the reasons stated below, VAG respectfully requests the grant of an exemption allowing it to 

operate lightweight, remote controlled UAS’s.

1. VAG Contact Information:

The Visual Arts Group, LLC

3725 Highcroft Circle

Atlanta-Norcross,Georgia 30092

404-661-8669 

howell@mindspring.com

2. The Specific Sections of Title 14 of the Code of Federal Regulations from 

which VAG requests exemption are:

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

14 C.F.R. 91,et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).

3. The Extent of Relief VAG Seeks and the Reason It Seeks Such Relief:

The FAA has the authority to issue the exemption sought by VAG pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”).

VAG submits this application in accordance with the Reform Act, 112 P.L.95 §§ 331-334, 

seeking relief from any currently applicable FARs operating to prevent VAG’s contemplated 

commercial cinematic, research and other flight operations within the national airspace system.

The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems 

into our national airspace system as it is in the public’s interest to do so. VAG’s lightweight 

UASs meet the definition of “small unmanned aircraft” as defined in Section 331 and therefore 

the integration of VAG’s lightweight UASs are expressly contemplated by the Reform Act. VAG

would like to operate its lightweight UASs prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. 

The Reform Act guides the Secretary in determining the types of UASs that may operate safely 

in our national airspace system.

Considerations include:

• The weight, size, speed and overall capabilities of the UAS;

• Whether the UAS will be operated near airports or populated areas; and,

• Whether the UAS will be operated by line of sight.

112 P.L. 95§ 333 (a). Each of these items militates in favor of an exemption for VAG.
U.S. Dep’t of Transp.

June 16, 2014

Page 4 of 9

VAG’s UASs utilize between four and twelve counter - rotating propellers for extreme balance, 

control and stability. They each weigh less than 55 pounds, including camera other equipment. 

Each of VAG’s small unmanned aircraft are designed to primarily hover in place and operate at 

less than a 50 knot maximum speed. They are capable of vertical and horizontal operations but 

operate only within the line of sight of the remote control pilot. In addition to the remote control 

pilot, VAG uses a spotter and a technician, such that, at minimum, three VAG personnel govern 

the safe flight of a VAG UAS at all times. 

Utilizing battery power and non-combustible fuels, flights generally last between five and twenty 

minutes. VAG does not operate its UASs with less than twenty five percent battery capacity. 

Safety systems in place include a GPS mode that allows VAG’s UASs to hover in place if 

communication with the radio control pilot is lost and then slowly descend the UAS at twenty five 

percent battery capacity. Further, VAG’s fleet is programmed, in some instances, to slowly 

follow a predetermined set of waypoints to return to a safety point if communications are lost.

VAG does not operate its UASs near airports and generally does not operate them near 

populated areas and electrical transmission lines. To date, VAGs has only operated its fleet on 

private interior warehouse locations, cordoned off areas and areas under the control of VAGs 

clients. VAG intends to operate its UASs in predetermined areas and only in compliance with 

highly regarded safety protocols such as those contained within the well established and 

commonly known Motion Picture and Television Operations Manual. 

VAG’s operation of its fleet of small unmanned aircraft will not “create a hazard to users of the 

national airspace system or the public.” 112 P.L. 95§ 333 (b). Given the small size and weight of 

VAG’s UASs, combined with their operation in cordoned off and well-controlled areas, VAG’s 

fleet falls within Congress’s contemplated safety zone when it promulgated the Reform Act and 

the corresponding directive to integrate UASs into the national airspace system. Indeed, VAG’s 

UASs have a demonstrable safety record and do not pose any threat to the general public or 

national security.

4. How VAG’s Request Will Benefit the Public As A Whole:

Granting VAG’s exemption request furthers the public interest. First, Congress has already 

pronounced that it is in the public’s interest to integrate commercially flown UASs into the 

national airspace system, hence the passing of the Reform Act. Second, VAG conducts 

research into safe UAS operations every time it flies one of its UASs. Flight data, visual 

inspections, recorded observations and flight analyses are compiled to further enhance current 

safety protocols. Allowing VAG to log more flight time directly relates to its research and its 

ability to further enhance current safety measures. Third, the public has an interest in reducing 

the danger and emission associated with current aerial video capture methods, namely, full size 

helicopters. VAG’s UASs are battery powered and create no emissions. If a VAG UAS crashes 

there is no fuel to ignite and explode. 
U.S. Dep’t of Transp.

June 16, 2014

Page 5 of 9

The impact of VAG’s lightweight UASs is far less than a full size helicopter, notwithstanding the 

statistically noteworthy safety record of full size helicopters used in motion picture capture. The 

public’s interest is furthered by minimizing ecological and crash impacts by permitting motion 

picture capture through VAG’s lightweight UASs.

Progression of the arts and sciences has been fundamental to our society since its inclusion in 

the United States Constitution. Indeed, Congress mandated the integration of UASs into our 

national airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. 

Permitting VAG to immediately fly within the United States furthers these goals. Whether it is the 

amalgam of scientific discoveries applicable to feature film making (including those drawing 

upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly 

usable technologies or advancements in equipment available to law enforcement personnel / 

first responders that does not cost millions of dollars, granting VAG's exemption request 

substantially furthers the public's interest in ways known and currently unknown.

5. Reasons Why VAG’s Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

VAG’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated, 

supra, permitting VAG to log more flight time in FAA controlled airspace will allow VAG to 

innovate and implement new and novel, as of yet undiscovered safety protocols. In addition, 

VAG submits the following representations of enhancements to current aerial motion picture 

capture techniques:

• VAG’s UASs weigh less than 55 pounds complete with camera payload;

• VAG only operates its UASs below 400 feet;

• VAG’s UASs only operate for 5-20 minutes per flight;

• VAG lands its UASs when they reach 25% battery power;

• VAG’s remote control pilots operate VAG’s UASs by line of sight;

• VAG’s remote control pilots have video backup should they somehow lose sight of the UAS;

• VAG staffs each flight with a remote control pilot, technician and spotter

 with communication systems enabling real time communication between them;

• VAG’s UASs have GPS flight modes whereby they hover and then slowly land if 

communication with the remote control pilot is lostor battery power is below 25%;

• VAG actively analyses electronic flight data and other sources of information to constantly 

update and enhance safety protocols;
U.S. Dep’t of Transp.

June 16, 2014

Page 6 of 9

• VAG employs FAA licensed pilot(s) and conducts a regimented training program;

• VAG only operates in quarantined areas that are strictly controlled, are away from airports 

and populated areas;

• VAG conducts extensive briefings prior to flight, during which safety carries primary 

importance;

• VAG always obtains all necessary permissions and permits prior to operation; and,

• VAG has procedures in place to abort flights in the event of safety breaches or potential 

danger.

VAG’s safety protocols provide a level of safety at least equal to existing rules, and in nearly 

every instance, greater than existing rules. It is important to note that absent the integration of 

commercial UASs into our national airspace system, helicopters are the primary means of aerial 

motion picture capture. While the safety record of such helicopters is remarkably astounding, it 

is far safer to operate a battery powered lightweight UAS. First, the potential loss of life is 

diminished because UASs carry no people on board and VAG only operates them in specific 

areas away from mass populations. Second, there is no fuel on board a UAS and thus the 

potential for fire or explosions is greatly diminished. Third, the small size and extreme 

maneuverability of VAG’s UASs allow our remote control pilots to avoid hazards. Lastly, given 

their small size and weight, even when close enough to capture amazing images, VAG’s UASs 

need not be so close to the objects they are focused on. Accordingly, VAG’s UASs have 

operated and will continue to operate at and above current safety levels

6. A Summary The FAA May Publish in the Federal Register: 

 A. 14C.F.R.21and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size, 

weight and enclosed operational area of VAG’s UASs permits exemption from Part 21 because 

VAG’s UASs meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The 

FAA is authorized to exempt aircraft from the air worthiness certificate requirement under both 

the Act (49 U.S.C.§ 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration 

of the weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. VAG’s UASs meet or exceed each of the elements. 
U.S. Dep’t of Transp.

June 16, 2014

Page 7 of 9

14 C.F.R.91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level 

of safety will be achieved by maintaining a manual at the flight operations center. The FAA has 

previously 

Issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as VAG’s UASs utilize 

electronic global positioning systems and six internal gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining such certifications and registrations at the VAG’s flight 

operations center.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. VAG’s UASs are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is 

difficult to place on such small aircraft. Regardless, VAG will mark its UASs in the largest 

possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 

C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see 

the markings. The FAA has

previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A 

and 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as VAG’s UASs utilize 

electronic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining such certifications and registrations at the VAG’s flight 

operations center.
U.S. Dep’t of Transp.

June 16, 2014

Page 8 of 9

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. VAG’s UASs are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is 

difficult to place on such small aircraft. Regardless, VAG will mark its UASs in the largest 

possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 

C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see 

the markings. The FAA has previously issued exemptions to this regulation through Exemptions 

Nos. 8738, 10167, 10167A and 10700.

C. 14C.F.R.§61.113:Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. VAG can achieve an equivalent level of safety as achieved by current Regulations 

because VAG’s UASs do not carry any pilots or passengers. Further, while helpful, a pilot 

license will not ensure remote control piloting skills, though VAG’s pilot vetting and training 

programs will. Further, private pilot licensees will oversee VAG’s UASs with the same skill. 

Further, the risks attendant to the operation of VAG’s UASs is far less than the risk levels 

inherent in the commercial activities outlined in 14 C.F.R. § 61,et seq. Thus, allowing VAG to 

operate its UASs with a private pilot as the pilot in control will exceed current safety levels in 

relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. VAG’s UASs will never 

operate at an altitude greater than 400 AGL. VAG will, however, operate its UASs in cordoned 

off areas with security perimeters, providing a level of safety at least equivalent to those in 

relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of VAG’s 

UASs, an equivalent level of safety will be achieved. 

E. 14 C.F.R. 91.405(a); 407(a) (1); 409(a) (2); 417(a)&(b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] aircraft inspected as prescribed in subpart E Of this part and shall between required 

inspections, except as provided in Paragraph (c) of this section, have discrepancies repaired as 

prescribed in Part 43 of this chapter. . . .”
U.S. Dep’t of Transp.

June 16, 2014

Page 9 of 9

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to VAG should its requested exemption be granted. VAG conducts an extensive 

maintenance program that involves regular software updates and curative measures for any 

damaged hardware. Therefore, an equivalent level of safety will be achieved. This is particularly 

true insofar as VAG has researched and developed its own designs. 

F. Summary

VAG seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 

45.23(b); 14 C.F.R. §§ 61.113 (a) & (b);14 C.F.R. § 91.7

14 C.F.R. § 91.9 (b) (2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 

C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§91.203(a) and (b); 14 C.F.R. § 91.405 (a); 

14 C.F.R. § 91.407 (a) (1);14 C.F.R. § 91.409 (a) (2); 14 C.F.R. § 91.409 (a) (2); and, 14 C.F.R. 

§§ 91.417 (a) & (b) to 

commercially operate its fleet of small unmanned vehicles and lightweight unmanned aircraft 

vehicles in motion picture or industrial operations, to conduct its own research and to develop 

economic platforms for law enforcement / first responders.

Granting VAG’s request for exemption will reduce current risk levels and thereby enhance 

safety. Currently, motion picture image capture relies primarily on the use of larger aircraft 

running on combustible fuel. VAG’s craft do not contain potentially explosive fuel, are smaller, 

lighter and more maneuverable than conventional motion picture aircraft. Further, VAG operates 

at lower altitudes and in controlled airspace. VAG has been analyzing flight data and other 

information in compiling novel safety protocols and the implementation of a flight operations 

manual that exceeds currently accepted means and methods of safe flight.

There are no people on board VAG’s UASs and therefore the likelihood of death or serious 

bodily injury is significantly limited. VAG’s operation of its UASs, weighting less than 55 pounds 

and travelling at speeds lower than 50 knots in cordoned off areas will provide at least an 

equivalent level of safety as that achieved under current FARs. 

Accordingly, The Visual Arts Group (VAG), respectfully requests that the FAA grant its 

exemption request as soon as possible. 

Respectfully submitted,

Wm. H. Upchurch

President

The Visual Arts Group, LLC

3725 Highcroft Circle

Norcross, Georgia 30092

howell@mindspring.com